Second US Judge Blocks $100,000 H-1B Fee

A federal judge in California blocked the Trump administration from enforcing its $100,000 fee on certain new H-1B visa petitions, ruling that agencies failed to follow required notice-and-comment rulemaking under the Administrative Procedure Act. The order also covers the administration’s extension of the fee and bars enforcement until required rulemaking is completed. It is the second federal court ruling against the charge; an earlier Massachusetts ruling had already blocked it, so the California decision adds another legal basis for challenging the policy but does not immediately change its status. The fee’s impact has been especially significant for Indian workers, who received about 71% of approved H-1B petitions in fiscal 2024. The ruling does not directly invalidate a separate proposed DHS fee of more than $103,000.